In re Kenyon
District Court, S.D. Ohio
In Bankruptcy. On review of decision of referee. On October 11, 1904, J. P. Ansley deposited a chock with D. C. Kenyon, the active member of the banking firm of D. O. & F. T* Kenyon, doing business as the Rushsylvania Bank, for which check he received a small sum in cash and the bank’s certificate of deposit for the residue, which certificate Ansley expected to cash early in the week following.
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In Bankruptcy. On review of decision of referee. On October 11, 1904, J. P. Ansley deposited a chock with D. C. Kenyon, the active member of the banking firm of D. O. & F. T* Kenyon, doing business as the Rushsylvania Bank, for which check he received a small sum in cash and the bank’s certificate of deposit for the residue, which certificate Ansley expected to cash early in the week following. On the evening of the same day the members of the banking firm considered the bank’s embarrassed financial condition, and on the evening of the following day, after consulting tlioir attorney, decided…
1Opinion of the CourtSater, District Judge
(after stating the facts as above). As a referee enjoys th'e opportunity of seeing and hearing the witnesses and has knowledge of the general administration of the estates which pass through his court, and is in frequent contact with the parties in interest, he is peculiarly qualified.to judge of the credibility of witnesses and the weight of the evidence. A judge will not therefore interfere with his conclusions on questions of fact, unless convinced that they are manifestly against the weight of the evidence. Rider, In re (D. C.) 96 Fed. 811; Southern Pine Co. v. Trust Co., 141 Fed. 802, 73…
2Cases cited16 opinions
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